Roche diabetes app accused of patent infringement

US-based Encoditech yesterday accused a Roche subsidiary of infringing a patent related to wireless communication.

The claim was filed against Roche Diabetes Care at the US District Court for the District of Delaware.

According to Encoditech, Roche’s blood glucose monitoring app, Accu-Chek, infringes the company’s “Wireless communications approach” patent (US number 6,321,095).

Encoditech’s patent protects technology relating to a mobile station that provides direct wireless communications with another mobile station (such as a mobile phone) using a radio frequency.

The technology was created to improve wireless communications without requiring a physical infrastructure of digital cellular telephone systems.

Encoditech alleged that Roche has infringed the patent’s claim 7, which cites a “wireless communication system”, by providing the Accu-Chek app.

For example, Roche’s app monitors blood pressure, heart rate and irregular heartbeats by combining with an electronic device, such as a phone tablet, claimed Encoditech.

Accu-Chek is a device that carries outs these tests and communicates the results to the user’s mobile phone app.

Encoditech added that Roche has intended that its customers use the program in a way that infringes the company’s ‘095 patent.

“Even where performance of the steps required to infringe at least claim 7 of the ‘095 patent is accomplished by Roche and Roche’s customer jointly, Roche’s actions have solely caused all of the steps to be performed,” alleged Encoditech.

The company is seeking damages, a permanent injunction against Roche and a jury trial.

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